Decree No. 63/SL On the organization of People's Councils and Administrative Committees

This Decree stipulates the organization and operation of People's Councils and Administrative Committees at commune, district, provincial, and municipal levels within the local administrative system. It includes provisions on composition, tasks, powers, and working methods of these bodies.

文号63/SL
文件类型Decree
发布机关Central Account
签署人Hồ Chí Minh — Chủ tịch Chính phủ liên hiệp
更新18/06/2026
领域Uncategorized
发布日期22/11/1945
生效日期08/12/1945
失效日期
状态Expired
✦ 智能摘要

This Decree stipulates the organization and operation of People's Councils and Administrative Committees at commune, district, provincial, and municipal levels within the local administrative system. It includes provisions on composition, tasks, powers, and working methods of these bodies.

适用范围

People's Councils and Administrative Committees at commune, district, provincial, and municipal levels

要点

  • Regulations on the establishment and organization of People's Councils and Administrative Committees at local levels.
  • Determine the tasks and powers of each body according to current laws.
  • Provide for the working methods of these bodies such as meetings, voting, recording minutes...
  • Provisions on the dissolution of temporary People's Committees when this Decree takes effect.
  • The Minister of Interior is assigned the responsibility to implement the Decree.

🌐 本文件的社会影响

  • Strengthen the role of citizens in local state management through People's Councils.
  • Build a stronger and more effective local administrative system.
  • Ensure transparency and accountability in the operations of administrative bodies.

❓ 常见问题

Does this Decree provide for the composition of the People's Council?

Yes, the Decree specifically provides the number of members and criteria to become a member of the People's Council at each local level.

How many times does the People's Council meet per year?

The Commune People's Council meets 12 times/year (once a month), the Provincial People's Council meets 3 times/year (every four months).

Must Administrative Committees hold public meetings?

No, Administrative Committees always hold closed meetings.

When does this Decree take effect?

The effectiveness of the Decree is determined by the date of signing and official promulgation.

全文

DECREE

Decision No. 63/SL dated November 22, 1945

PRESIDENT OF THE VIETNAM DEMOCRATIC REPUBLICIC GOVERNMENT

ISSUES THE DECREE:

Article 1: To implement local people's administration in Vietnam, two types of agencies will be established: People's Councils and Administrative Committees.

The People's Council, elected through universal and direct suffrage, represents the people.

The Administrative Committee, elected by the People's Councils, serves as both an administrative body representing the people and the Government.

At the commune and provincial levels, there will be People's Councils and Administrative Committees, while at the district level, only Administrative Committees will exist.

The organization, powers, and operations of these agencies will be regulated according to this decree.

Chapter 1

ORGANIZATION

SECTION 1: ORGANIZATION OF THE COMMUNE PEOPLE'S COUNCIL

Article 2: Each Commune shall establish a People's Council consisting of from 15 to 25 regular members and from 5 to 7 substitute members.

A decree of the Minister of Interior Affairs will specify the method for calculating the number of members based on population.

Article 3: All Vietnamese citizens aged 18 or older, regardless of gender, who do not belong to any of the three categories listed in Clause 2, Point 2, 3, and 4 of Decree No. 51 dated October 17, 1945 regarding the rules of the general election for the National Assembly, have the right to vote for the Commune People's Council if they are native residents of the commune or have resided in the commune for more than three months (upon arrival, they must inform the Commune Administrative Committee that they intend to reside permanently in the commune to be included in the voter list).

Soldiers and civil servants have the right to vote in the commune where they are stationed or work, without needing to reside for more than three months.

Article 4: Only those whose names appear on the commune's voter list may run for the Commune People's Council, and if they are residents, they must have lived in the commune for six months or more to be eligible to run.

Civil servants also have the right to run for the Commune People's Council provided they meet the above conditions.

Article 5: The procedures for compiling the voter list, election rules, and voting date for national commune People's Councils shall be determined by a decree of the Minister of Interior Affairs.

Article 6: The term of office for commune People's Councils is two years. However, for the first term, the term of office for commune People's Councils is only one year.

Article 7: When two-fifths (2/5) of the voters request a confidence vote on the Commune People's Council, the Commune Administrative Committee must immediately organize a confidence vote. If more than half of the total voters do not trust the Commune People's Council, the Provincial Administrative Committee will declare the dissolution of the Commune People's Council.

Article 8: When the Commune People's Council issues a resolution contrary to higher-level orders, in addition to the annulment of the resolution mentioned in Chapter 2, the District Administrative Committee will warn the Council, and if the Council still does not comply with the order, the Provincial Administrative Committee may dissolve the Council.

Article 9: When the Council is dissolved according to either of the two provisions mentioned above, upon the proposal of the District Administrative Committee, the Provincial Administrative Committee will designate a temporary committee of five persons (selected from within the commune) to perform the duties of the Commune People's Council and the Commune Administrative Committee.

If more than six months remain before the general election period, the aforementioned temporary committee will convene the voters to elect a new Council within ten days. The new Council will operate until the general election period.

If less than six months remain before the general election period, the aforementioned temporary committee will operate until the general election period.

Article 10: When for any reason the People's Council of the commune lacks a regular member, the alternate member will be appointed in order to replace them.

Article 11: The Provincial Administrative Committee is responsible for examining the validity of the election of the People's Councils at the commune level.

SECTION TWO: THE ORGANIZATION OF THE COMMUNE LEVEL ADMINISTRATIVE COMMITTEE

Article 12: In each commune, there shall be established an Administrative Committee consisting of five regular members (one Chairman, one Deputy Chairman, one Secretary, one Treasurer, and one Member) and two alternate members.

Article 13: The Commune Administrative Committee shall be elected by the Commune People's Council. During the election, separate votes shall be cast for the Chairman, Deputy Chairman, Secretary, Treasurer, and Member.

Article 14: To run for the Commune Administrative Committee, one must be a member of the Commune People's Council and must be able to read and write.

Article 15: The rules for electing members to the Commune Administrative Committee shall be set forth in a decree issued by the Minister of Home Affairs.

Article 16: After the Commune Administrative Committee has been elected, it must be approved by the Provincial Administrative Committee before taking office. Any member who is not approved must be re-elected. If the re-election results in that member being elected again, the Provincial Administrative Committee must recognize such election.

Article 17: The term of office of the Commune Administrative Committee is two years. For the initial terms, the term of office of the Commune Administrative Committees is only one year.

Article 18: If one-third (1/3) of the members of the Commune People's Council request a vote of confidence on the Commune Administrative Committee, the Commune Administrative Committee must immediately convene the Commune People's Council for a vote of confidence. During the vote of confidence, those who are members of the Administrative Committee also vote like other members of the Commune People's Council. If more than half of the total number of members of the Commune People's Council vote against confidence in the Administrative Committee, the Commune Administrative Committee is compelled to resign. Those members who must resign retain their status as members of the Commune People's Council.

Article 19: If the Commune Administrative Committee does not comply with orders from higher authorities, the County Administrative Committee may request the Commune People's Council to intervene. If the Commune People's Council fails to resolve the issue, the Commune Administrative Committee will be dissolved. Members of the dissolved Administrative Committee lose their status as members of the Commune People's Council.

Article 20: When a member of the Commune Administrative Committee commits an offense while performing their duties, the Provincial Administrative Committee will reprimand or remove them from office upon the recommendation of the Commune Administrative Committee or the County Administrative Committee.

A member removed from office loses their status as a member of the Commune People's Council.

If the offense committed by a member constitutes a criminal offense, the member will be prosecuted by the court.

Article 21: When the Commune Administrative Committee is compelled to resign or is dissolved according to Articles 18 and 19, within five days, the County Administrative Committee shall convene the Commune People's Council to elect replacements. When some members are removed from office or resign, the alternate members will be appointed in order to replace them.

SECTION THREE: THE ORGANIZATION OF THE COUNTY LEVEL ADMINISTRATIVE COMMITTEE

Article 22: In each county, there shall be established an Administrative Committee consisting of three regular members (one Chairman, one Deputy Chairman, and one Secretary) and two alternate members.

Article 23: The County Administrative Committee shall be elected by the members of the Commune People's Councils within the county. Members of the Commune People's Councils shall vote in their respective communes. During the election, separate votes shall be cast for the Chairman, Deputy Chairman, and Secretary.

Article 24: All individuals who meet the eligibility criteria for national assembly elections as stipulated in Article 2 of Decree No. 51 dated October 17, 1945, and who can read and write have the right to nominate themselves for positions on the provincial administrative committees, regardless of whether they reside in the province or not, but each individual may only nominate themselves for one province.

Article 25: The rules for electing provincial administrative committees shall be established by a decree issued by the Minister of Internal Affairs.

Article 26: After the provincial administrative committee has been elected, it must be approved by the provincial administrative council before taking office. Any member who is not approved must be re-elected. If the member is re-elected in the subsequent election, the provincial administrative council must recognize their candidacy.

Article 27: The term of office for the provincial administrative committee is two years, but for the first term, it is only one year.

Article 28: When one-third (1/3) of the total number of members of all People's Councils at the commune level request a revote, the provincial administrative committee must organize a confidence vote. Members of the People's Council at the commune level will vote in their respective communes. If more than half of the total number of members of the People's Councils at the commune level do not show confidence in the committee, the provincial administrative committee must resign. Members of the committee who must resign retain their status as members of the People's Council if they are members of a commune-level People's Council within the province.

Article 29: If the provincial administrative committee does not comply with orders from above, the provincial administrative council may propose to the provincial administrative council to dissolve the provincial administrative committee. Members of the dissolved committee who are also members of a commune-level People's Council within the province lose their membership status.

Article 30: If a member of the provincial administrative committee commits an offense while performing their duties, the provincial administrative council, upon the recommendation of the provincial administrative committee, may either reprimand or remove the offending member from their position. A member removed from their position who is also a member of a commune-level People's Council within the province loses their membership status. If the offense committed by the member violates criminal law, the member will be prosecuted by the court.

Article 31: When the provincial administrative committee is required to resign or is dissolved according to Articles 28 and 29, the provincial administrative council must organize a new election for the provincial administrative committee.

When some members are removed from their positions or voluntarily resign, substitute members will be appointed in order of precedence.

PART FOUR: THE ORGANIZATION OF PROVINCIAL PEOPLE'S COUNCILS

Article 32: Each province shall establish a Provincial People's Council consisting of between twenty (20) and thirty (30) regular members and five (5) substitute members.

A decree of the Minister of Internal Affairs will specify the method of calculating the total number of members of provincial People's Councils based on population.

Article 33: The electoral district is the county. The number of members allocated to each county shall be determined by a decree of the provincial administrative council.

Article 34: All voters of the People's Councils at the commune level in the province have the right to elect the Provincial People's Council.

Article 35: All individuals who meet the eligibility criteria for national assembly elections as stipulated in Article 2 of the Decree dated October 17, 1945, have the right to nominate themselves for positions on the provincial People's Councils, regardless of whether they reside in the province or not, but each individual may only nominate themselves for one province.

Article 36: The rules for electing and the date of the election for the national provincial People's Councils shall be established by a decree of the Minister of Internal Affairs.

Article 37: The term of office for provincial People's Councils is two years. However, the first term of office for provincial People's Councils shall only be one year.

Article 38: If a provincial People's Council issues a Resolution contrary to higher-level directives, in addition to the nullification of the Resolution by the higher authority as stipulated in Chapter 2, the Provincial Administrative Committee may issue a warning to the Council. If the Council continues to disregard the directive, the Provincial Administrative Committee may propose to the Government to dissolve the provincial People's Council.

Article 39: When a provincial People's Council is dissolved, the Provincial Administrative Committee shall designate a temporary three-member committee to perform the duties of both the provincial People's Council and the Provincial Administrative Committee.

If there are still six months before the general election period, within ten days, the aforementioned committee shall convene voters to elect a new People's Council. The newly elected Council will operate until the general election period.

If less than six months remain before the general election period, the aforementioned temporary committee will continue to operate until the general election period.

Article 40: In case a provincial People's Council lacks a formal member due to any reason, the substitute member will be appointed in order.

Article 41: The Provincial Administrative Committee is responsible for examining the validity of the election of provincial People's Councils.

PART FIVE: THE ORGANIZATION OF PROVINCIAL ADMINISTRATIVE COMMITTEES

Article 42: Each province shall have an Administrative Committee consisting of: three regular members (one Chairman, one Vice-Chairman, and one Secretary) and two substitute members.

Article 43: The Provincial Administrative Committee is elected by the provincial People's Council. During the election, the Chairman, Vice-Chairman, and Secretary are elected separately.

Article 44: To run for the Provincial Administrative Committee, one must be a member of the provincial People's Council and must be literate.

Article 45: The rules for electing Provincial Administrative Committees are set forth in the Ministerial Decree of the Ministry of Home Affairs.

Article 46: After the Provincial Administrative Committee is elected, it must be approved by the Provincial Administrative Committee of the term. Any member not approved must be re-elected. If the re-elected member wins again, the Provincial Administrative Committee must recognize them.

Article 47: The term of office for the Provincial Administrative Committee is two years, but the first term shall only be one year.

Article 48: If one-third (1/3) of all members of the provincial People's Council request a vote of confidence, the Provincial Administrative Committee must immediately convene the provincial People's Council for a confidence vote. During the confidence vote, members of the Provincial Administrative Committee also vote like other members of the provincial People's Council. If more than half of the total members of the People's Council vote against confidence in the Provincial Administrative Committee, the Provincial Administrative Committee must resign. Members who must resign retain their membership status in the provincial People's Council.

Article 49: If the Provincial Administrative Committee does not comply with directives, the Provincial Administrative Committee of the term may request the provincial People's Council to intervene. If the People's Council fails to resolve the issue, the Provincial Administrative Committee of the term may propose to the Government to dissolve the Provincial Administrative Committee. Members of the dissolved committee lose their membership status in the provincial People's Council.

Article 50: If a member of the Provincial Administrative Committee commits an offense while performing their duties, upon the recommendation of the Provincial Administrative Committee, the Provincial Administrative Committee of the term may either reprimand or remove the offending member from office. A member removed from office loses their membership status in the provincial People's Council.

If the offense committed by a member constitutes a criminal offense, the member will be prosecuted by the court.

Article 51: When the Administrative Committee is compelled to resign or is dissolved according to Articles 48 and 49, within five days, the Administrative Committee shall convene the Provincial People's Council to elect a replacement.

When some members are removed from their positions or voluntarily resign, substitute members will be appointed in order of precedence.

SECTION SIX: THE ORGANIZATION OF THE PERIODIC ADMINISTRATIVE COMMITTEE

Article 52: In each period, an Administrative Committee consisting of five regular members (one Chairman, one Vice-Chairman, one Secretary, and two members) and two alternate members shall be established.

Article 53: The Periodic Administrative Committee shall be elected by the members of the Provincial People's Councils during their respective periods. Members of the Provincial People's Councils shall vote at their respective provincial capitals.

The Chairman, Vice-Chairman, and Secretary are not elected separately; only the five regular members and two alternate members are elected collectively.

Article 54: The elected committee shall elect its own Chairman, Vice-Chairman, and Secretary.

Article 55: All individuals who meet the qualifications for national assembly elections under Article 2 of Decree No. 51 dated October 17, 1945, and who can read and write have the right to run for positions on the Periodic Administrative Committees, regardless of whether they reside within the period or not, but may only run for one period.

Article 56: The rules for electing the Periodic Administrative Committees shall be set forth by the Minister of Internal Affairs' decree.

Article 57: After the election of the Periodic Administrative Committee, it must be approved by the Council of Ministers before assuming office. Any member not approved must be re-elected. If the member is again elected, the Council of Ministers must recognize them.

Article 58: The term of office of the Periodic Administrative Committee is three years, but the first term is limited to one year.

Article 59: When one-third of the total number of members of all Provincial People's Councils request a confidence vote on the Periodic Administrative Committee, the Minister of Internal Affairs will send representatives to organize a trust vote. Members of the Provincial People's Councils shall vote in their respective provinces. If more than half of the total number of members of the Provincial People's Councils do not trust the Periodic Administrative Committee, then the Periodic Administrative Committee must resign. Resigning members who are also members of a Provincial People's Council in the period retain their membership status.

Article 60: When the Periodic Administrative Committee fails to comply with orders, the Minister of Internal Affairs may propose to the Council of Ministers to dissolve the Periodic Administrative Committee. Dissolved members who are also members of a Provincial People's Council lose their membership status.

Article 61: If a member of the Periodic Administrative Committee commits an offense while performing their duties, the Minister of Internal Affairs, upon the recommendation of the Periodic Administrative Committee, may either reprimand or remove the offending member from office. If the offense constitutes a criminal violation, the member will be prosecuted by the court.

Article 62: When the Periodic Administrative Committee is compelled to resign or is dissolved according to Articles 59 and 60, the Ministry of Internal Affairs must immediately organize new elections for the Periodic Administrative Committee. When some members are removed or resign, the alternate members will be appointed in order.

SECTION SEVEN: GENERAL PROVISIONS

Article 63: A person cannot serve in two Periodic Administrative Committees.

A person may simultaneously serve in the People's Council of their commune, the People's Council of their province, and the National Assembly.

Article 64: Two spouses, three parent-child pairs, three siblings (whether brothers or sisters) cannot concurrently serve in the same Administrative Committee (at the commune, district, provincial, or periodic level).

Article 65: Civil servants and soldiers on active duty may be members of People's Councils.

If civil servants are elected to an Administrative Committee (at commune, district, provincial, or regional level), they must either resign from their position or refuse to take up the position in the Administrative Committee.

Active-duty soldiers are not allowed to run for election to Administrative Committees (at commune, district, or provincial level).

Chapter 2

LIMITS AND DIVISION OF RESPONSIBILITIES

SECTION 1: LIMITS AND DIVISION OF RESPONSIBILITIES OF THE COMMUNE PEOPLE'S COUNCIL

Article 66: The Commune People's Council has the right to make resolutions on all issues within its own commune. Resolutions of the Commune People's Council must not contravene directives from higher levels.

Article 67: Within eight days of making a resolution, the Commune Administrative Committee must submit the minutes of the resolution to the District Administrative Committee. The District Administrative Committee must record the date of receipt in a register and issue a receipt to the Commune Administrative Committee.

Article 68: Within five days of receiving the minutes of the resolution and issuing a receipt, the District Administrative Committee has the right to invalidate or return for revision the resolutions of the Commune People's Council, but it must clearly state the reasons for invalidation or request for revision. The five-day period mentioned above cannot be extended.

Article 69: If the resolution is not invalidated or returned for revision within the said period, it can be implemented except for those resolutions specified in Articles 70 and 71.

Article 70: Resolutions concerning the following matters must be approved by the District Administrative Committee before implementation:

1- Leasing or renting immovable property for more than three years;

2- Changing the purpose of communal immovable property;

3- Establishing, repairing, expanding streets, roads, or parks within the commune;

4- Opening or closing markets.

Article 71: Resolutions concerning the following matters must be approved by the Provincial Administrative Committee before implementation:

1- Selling, transferring, or exchanging communal immovable property;

2- Purchasing immovable property, constructing or repairing houses, bridges, or culverts when the required funds need to be borrowed or are not budgeted;

3- The commune budget;

4- Unusual contributions or borrowing;

5- Setting tax rates (tariffs) for taxes that have been permitted to be collected;

6- Managing or participating in public utility businesses: supplying the population, relief, social services, etc.

Article 72: In urgent cases, the Commune Administrative Committee may immediately request approval from the District Administrative Committee or the Provincial Administrative Committee for resolutions made by the Commune People's Council.

Article 73: When the District Administrative Committee or the Provincial Administrative Committee invalidates or does not approve a resolution, the Commune People's Council has the right to appeal:

a) To the Provincial Administrative Committee if the resolution is invalidated or not approved by the District Administrative Committee;

b) To the Regional Administrative Committee if the resolution is invalidated or not approved by the Provincial Administrative Committee.

SECTION 2: LIMITS AND DIVISION OF RESPONSIBILITIES OF THE COMMUNE ADMINISTRATIVE COMMITTEE

Article 74: The responsibilities of the Commune Administrative Committee are as follows:

1- Implementing orders from higher levels, resolutions of the Commune People's Council, and judgments of courts;

2- Summoning the Commune People's Council;

3- Supervising specialized agencies at the commune level in the performance of their duties;

4- Handling minor affairs within the commune;

5- Issuing the budget officer (ordonnateur) for the commune budget.

Article 75: In judicial matters, the Standing Committee (Chairman, Vice Chairmen, and Secretary) has the authority to:

1- Mediate all disputes;

2- Adjudicate minor offenses, but only impose fines.

Article 76: At the commune level, responsibilities are divided as follows:

1- Administrative and judicial;

2- Social health, relief, finance;

3- Economic, transportation, land registry;

4- Education, propaganda, ceremonial events;

5- Public security and military affairs.

The Standing Committee consists of the Chairman, Vice Chairmen, and Secretary responsible for the "administrative and judicial" section. Other sections are managed by committee members according to their individual abilities.

Article 77: The Commune People's Administration may establish sub-committees to assist with work. Individuals working in these sub-committees are selected by the entire committee based on proposals from one or more committee members.

SECTION THREE: LIMITS AND ASSIGNMENTS OF THE PROVINCE LEVEL PEOPLE'S COMMITTEE

Article 78: The powers of the Province Level People's Committee are as follows:

1- Enforcing and supervising the enforcement of orders from higher levels;

Supervising Commune People's Administrations and Commune People's Councils;

2- Abolishing resolutions of Commune People's Councils that contravene directives from higher levels or harm the interests of the commune residents, pursuant to Article 68;

3- Approving or forwarding to the Provincial People's Committee for approval the resolutions of Commune People's Councils in accordance with Articles 70 and 71;

4- Supervising specialized agencies in the performance of their duties;

5- Resolving minor issues within the province;

6- Directing the police force stationed at the county level to handle patrol and public security tasks. The composition of this police force will be regulated by a decree of the Minister of Interior Affairs.

Article 79: At the county level, assignments are made based on the capabilities of committee members. Administrative matters are handled by the entire committee.

SECTION FOUR: LIMITS AND ASSIGNMENTS OF THE PROVINCE LEVEL PEOPLE'S COUNCIL

Article 80: The Provincial People's Council has the authority to make decisions on all matters within its jurisdiction. However, decisions of the Provincial People's Council must not contravene directives from higher levels. The council may seek opinions from experts before making a decision on an issue related to one or more specialized fields.

Article 81: Within eight days, the People's Committee must submit the minutes of the Provincial People's Council's resolution to the People's Committee session. The People's Committee session must record the date of receipt in the register and issue a receipt to the Provincial People's Committee.

Article 82: Within fifteen days from the date of receiving the minutes of the resolution and issuing the receipt, the People's Committee session has the right to abolish or return for revision the resolutions of the Provincial People's Council, but must clearly state the reasons for abolition or request for revision. Within the aforementioned period, the session committee may extend the deadline by another fifteen days but must inform the Provincial People's Committee before the initial fifteen-day period expires.

Article 83: If the deadline specified in Article 82 passes without the resolution being abolished or returned for revision, it may be implemented except for those resolutions mentioned in Articles 84 and 85.

Article 84: Resolutions concerning the following matters must be approved by the People's Committee session before implementation:

1- Accepting gifts and inheritances subject to conditions set by the donor;

2- Selling, purchasing, or exchanging immovable property of the province;

3- Initiating or responding to lawsuits;

4- Establishing regulations regarding provincial civil servants.

Article 85: The resolutions concerning the following matters must be approved by the Government Council before they can be implemented:

1- Provincial budget;

2- Borrowing money;

3- Determining additional provincial revenue shares for the provincial fund when such additional shares exceed those set by higher authorities;

4- Tendering a public service;

5- Setting tax rates for special taxes permitted to be collected within the province.

Article 86: In cases of urgency, the provincial administrative committee may request the regional administrative committee or the Government Council to immediately decide on the resolutions of the provincial People's Council.

Article 87: When the regional administrative committee rejects or does not approve its own resolution, the provincial People's Council has the right to appeal to the Government Council.

PART 5: RIGHTS AND RESPONSIBILITIES OF THE PROVINCIAL ADMINISTRATIVE COMMITTEE

Article 88: The rights and responsibilities of the provincial administrative committee are as follows:

1- Implementing orders from higher authorities and resolutions of the provincial People's Council;

2- Supervising lower-level administrative committees and People's Councils;

3- Approving resolutions of village People's Councils according to Article 70;

4- Handling appeals from village People's Councils regarding the rejection or non-approval of their resolutions;

5- Summoning the provincial People's Council;

6- Directing provincial-level officials;

7- Supervising specialized agencies in the performance of their duties;

8- Resolving minor issues within the province;

9- Issuing the provincial budget;

10- Permitting the urgent requisition of public land up to a defined limit;

11- Issuing decrees to maintain public order in the province;

12- Directing the police force to ensure patrols and public order. This police force will be regulated by a decree issued by the Minister of Interior Affairs;

13- Issuing orders to mobilize military forces stationed in the province in extreme emergencies to protect the country, but must report to the regional administrative committee immediately.

Article 89: At the provincial level, assignments are made based on the capabilities of the committee members.

PART 6: RIGHTS AND RESPONSIBILITIES OF THE REGIONAL ADMINISTRATIVE COMMITTEE

Article 90: The rights and responsibilities of the regional administrative committee are as follows:

1- Implementing orders from the government;

2- Supervising lower-level administrative committees and People's Councils;

3- Approving resolutions of the provincial People's Council according to Article 84;

4- Handling appeals from village People's Councils when the provincial administrative committee rejects or does not approve their resolutions;

5- Directing regional-level officials;

6- Issuing decrees to implement laws according to government orders within the region;

7- Supervising specialized agencies in the performance of their duties;

8- Permitting the urgent requisition of public land up to a defined limit;

9- Maintaining public order in the region;

10- Issuing orders to mobilize military forces in extreme emergencies to protect the country, but must report to the government immediately.

Article 91: When appointing a specialist to work in a specific region, relevant ministries must consult with the regional administrative committee.

Article 92: A decree will regulate the regional budget.

Article 93: At the regional level, assignments are made based on the capabilities of the committee members.

PART 7: GENERAL PROVISIONS

Article 94: When a specialized agency at any level receives an order from a higher-level specialized agency, it must inform the corresponding administrative committee before implementing the order.

Article 95: When a specialized agency at any level proposes an initiative to implement within its own level, it must discuss with the administrative committee of that level before implementing or proposing it to a higher-level specialized agency.

Chapter 3

PROCEDURES

SECTION 1: PROCEDURES OF THE PEOPLE'S COUNCIL OF A COMMUNE

Article 96: The People's Council of a commune convenes a regular session once a month, convened by the administrative committee.

Article 97: The People's Council of a commune may convene an extraordinary session in the following cases:

1- Upon the order of the district administrative committee;

2- When two-thirds of the members propose to the commune administrative committee. Except when a request for reconsideration requires one-third of the members who proposed to also attend (Article 18);

3- When convened by the commune administrative committee.

Article 98: At each session, the People's Council of a commune elects a chairperson. The secretary of all meetings is the secretary of the commune administrative committee.

Article 99: The council may invite outsiders to participate in discussions. Those invited have the right to express opinions but do not have the right to vote.

Article 100: Except in special cases requiring closed sessions, the People's Council of a commune holds open sessions. Citizens of the commune have the right to listen but do not have the right to question.

Article 101: Only when more than half of the officially present members are present can the People's Council of a commune discuss and vote.

Article 102: When the council votes, the resolution of the council will follow the majority vote of the members. In case of a tie, the resolution of the council follows the vote of the chairperson of the council.

Article 103: The chairperson and secretary of the council must record the minutes of each session of the council.

SECTION 2: PROCEDURES OF THE PEOPLE'S COUNCIL OF A PROVINCE

Article 104: The People's Council of a province convenes a regular session every four months, each lasting up to ten days, and the session discussing the budget may last up to fifteen days.

Article 105: The People's Council of a province may convene an extraordinary session in the following cases:

1- Upon the order of the provincial administrative committee;

2- When more than half of the total number of members propose to the provincial administrative committee. Except when a request for reconsideration requires one-third of the members who proposed to also be present (Article 48);

3- When convened by the provincial administrative committee.

Article 106: At each session, the People's Council of a province elects a chairperson. The secretary of all meetings is the secretary of the provincial administrative committee.

Article 107: The council may invite outsiders to participate in discussions. Those invited have the right to express opinions but do not have the right to vote.

Article 108: Except in special cases requiring closed sessions, the People's Council of a province holds open sessions. Citizens of the province have the right to listen but do not have the right to question.

Article 109: Only when more than half of the officially present members are present can the People's Council of a province discuss and vote.

Article 110: When the council votes, the resolution of the council will follow the majority vote of the members. In case of a tie, the resolution of the council follows the vote of the chairperson of the council.

Article 111: The chairperson and secretary of the council must record the minutes of each session of the council.

SECTION 3: PROCEDURES OF THE ADMINISTRATIVE COMMITTEES

Article 112: The Administrative Committees (at commune, district, provincial, and regional levels) are permanent bodies.

Article 113: Administrative Committees always hold closed meetings.

Chapter 4

GENERAL PROVISIONS

Article 114: When local agencies are established and assume their duties pursuant to this Decree, the existing temporary People's Committees at localities shall be dissolved.

Article 115: The Minister of Interior shall implement this Decree.

 

Ho Chi Minh City

(Signed)

 

 

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218 Sắc lệnh số 218 Về việc cho phép ông Lê Xuân Hưu được từ chức Đổng lý Văn phòng Bộ canh nông 已失效 150/SL Sắc lệnh số 150/SL Về việc định thêm quyền hạn của Bộ trưởng Bộ nội vụ đối với UBKCHC các cấp 已失效 210/SL Sắc lệnh số 210/SL ấn định thể lệ bầu thư ký trong UBKCHC xã 已失效 208/SL Sắc lệnh số 208/SL ấn định phụ cấp chính hàng tháng cho các uỷ viên UBKCHC các cấp 已失效 198/SL Sắc lệnh số 198/SL ấn định thủ tục thiết lập hoặc sửa đổi địa giới các đơn vị kháng chiến hành chính 已失效 175 Sắc lệnh số 175 chuẩn y ông Nguyễn Khang làm chủ tịch và ông Nguyễn Duy Thân làm Phó Chủ tịch UBKCHC Liên khu I 已失效 162/SL Sắc lệnh số 162/SL giải tán thị xã Bắc ninh và sửa đổi địa giới xã ấy 已失效 150 Sắc lệnh số 150 trong những vùng bị địch kiểm soát hoặc uy hiếp Hội đồng nhân dân số Hội đồng nhân dân còn lại là là quá nửa số đã định thì HĐND đó vẫn đủ thẩm quyền làm việc 已失效 149 Sắc lệnh số 149 trong danh từ uỷ ban kiêm hành chính từ nay bỏ chữ kiêm các UBKC kiêm HC cũ nay gọi là UBKCHC 已失效 153 Sắc lệnh số 153 coi những uỷ viên UBKCHC mà không có chân trong Hội đồng nhân dân tương đương đều được coi như hội viên của Hội đồng nhân dân cấp ấy 已失效 154/SL Sắc lệnh số 154/SL định khi một UBKCHC cần bầu lại toàn thể uỷ viên hành chính thì không không phải bầu thêm hai uỷ viên dự khuyết 已失效 148/SL Sắc lệnh số 148/SL bãi bỏ danh từ phủ, châu, quận 已失效 129/SL Sắc lệnh số 129/SL Về việc tạm hoãn các cuộc tuyển cử vào Hội đồng nhân dân và Uỷ ban hành chính do Chủ tịch Chính phủ Việt nam dân chủ cộng hoà ban hành, để sửa đổi Điều 1 Sắc lệnh số 3 ngày 28-12-1946 tạm hoãn các cuộc tuyển cử vào Hội đồng nhân dân và Uỷ ban hành chính 已失效 120/SL Sắc lệnh số 120/SL Về việc hợp nhất các khu thành liên khu 已失效 97/SL Sắc lệnh số 97/SL Về việc cử các ông vào làm uỷ viên hành chính và uỷ viên nhân dân UBKC CK XI 已失效 94/SL Sắc lệnh số 94/SL Về việc cử các ông vào làm uỷ viên hành chính và uỷ viên nhân dân trong UBKC CK II 已失效 93/SL Sắc lệnh số 93/SL Về việc cử các ông vào làm uỷ viên hành chính và uỷ viên nhân dân trong UBKC CKI 已失效 237/SLM Sắc lệnh số 237/SLM Về việc cử ông Đặng Châu Tuệ giữ chức Chủ tịch UBKC HC tỉnh Ninh bình 已失效 38/SL Sắc lệnh số 38/SL Về việc sửa đổi Điều 1 Sắc lệnh số 34 ngày 19-3-47 về uỷ ban bảo vệ khu và tỉnh 已失效 87 Sắc lệnh số 87 Về việc cử ông Đào Thiện Thi giữ chức Tổng thanh tra các nha thuộc Bộ canh nông 已失效
63/SL
Decree No. 63/SL On the organization of People's Councils and Administrative Committees
Expired

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